Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1001951 Filing date: 09/13/2019

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition

Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information

Name MATTEL, INC. Granted to Date 09/14/2019 of previous ex- tension Address 333 CONTINENTAL BOULEVARD TWR 15-1 EL SEGUNDO, CA 90245 UNITED STATES

Attorney informa- Brian Wassom tion Warner Norcross + Judd LLP 45000 River Ridge Drive Suite 300 Clinton Twp, MI 48038 UNITED STATES [email protected], [email protected] 248-784-5039

Applicant Information

Application No 88360742 Publication date 07/16/2019 Opposition Filing 09/13/2019 Opposition Peri- 09/14/2019 Date od Ends Applicant 24Six, LLC 7024 Owl Road Weeki Wachee, FL 34613 UNITED STATES Goods/Services Affected by Opposition

Class 030. First Use: 2019/03/28 First Use In Commerce: 2019/03/28 All goods and services in the class are opposed, namely: Barbecue dry rub; Barbecue sauce; Sauces; Spice rubs Class 043. First Use: 2019/03/28 First Use In Commerce: 2019/03/28 All goods and services in the class are opposed, namely: Catering services; Providing of food and drink via a mobile truck Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d) Dilution by blurring Trademark Act Sections 2 and 43(c) Marks Cited by Opposer as Basis for Opposition U.S. Registration 689055 Application Date 07/02/1958 No. Registration Date 12/01/1959 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 028. First use: First Use: 1958/05/09 First Use In Commerce: 1958/05/09 DOLL

U.S. Registration 741208 Application Date 10/18/1960 No. Registration Date 11/27/1962 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 028. First use: First Use: 1960/09/02 First Use In Commerce: 1960/09/02 Accessories for Doll Clothes

U.S. Registration 768331 Application Date 08/30/1962 No. Registration Date 04/21/1964 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 018. First use: First Use: 1960/10/16 First Use In Commerce: 1960/10/16 Doll Case, [Record Tote Case,] Trunk, and Wallet

U.S. Registration 768397 Application Date 04/16/1963 No. Registration Date 04/21/1964 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 028. First use: First Use: 1959/04/17 First Use In Commerce: 1959/04/17 Doll Clothes and Doll Accessories

U.S. Registration 772298 Application Date 10/28/1963 No. Registration Date 06/30/1964 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 014. First use: First Use: 1963/04/03 First Use In Commerce: 1963/04/17 Time Pieces, Specifically Wrist Watches

U.S. Registration 810106 Application Date 01/25/1965 No. Registration Date 06/21/1966 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 028. First use: First Use: 1961/04/01 First Use In Commerce: 1961/04/01 TOY FURNITURE SPECIFICALLY BED, WARDROBE, CHIFFOROBE, VAN- ITY, AND CHEST

U.S. Registration 813733 Application Date 01/28/1965 No. Registration Date 08/30/1966 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 020. First use: First Use: 1962/02/00 First Use In Commerce: 1962/02/00 INSULATING CONTAINERS, SPECIFICALLY, VACUUM BOTTLES FOR PRE- SERVING FOOD AND DRINKS

U.S. Registration 817200 Application Date 02/04/1965 No. Registration Date 10/25/1966 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class U002 (International Class 006, 013, 014, 015, 016, 018, 020, 021, 022, 034). First use: First Use: 1961/00/00 First Use In Commerce: 1961/00/00 PLASTIC WARE AND TEA SETS, SPECIFICALLYPLATES, SAUCERS, CUPS, POTS, PITCHERS, [ AND EATING UTENSILS ] FOR USE BY CHILDREN IN THE CONSUMPTION OF FOOD AND DRINK

U.S. Registration 1000125 Application Date 04/22/1974 No. Registration Date 12/24/1974 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1972/03/08 First Use In Commerce: 1972/03/08 HALLOWEEN COSTUMES AND MASKS

U.S. Registration 1300766 Application Date 12/05/1983 No. Registration Date 10/16/1984 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 028. First use: First Use: 1983/08/18 First Use In Commerce: 1983/08/18 Toy Vehicles

U.S. Registration 1693139 Application Date 07/23/1990 No. Registration Date 06/09/1992 Foreign Priority NONE Date Word Mark BARBIE Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 1963/12/31 First Use In Commerce: 1963/12/31 jackets, sweatshirts, T-shirts, jeans, skirts

U.S. Registration 1746477 Application Date 06/21/1990 No. Registration Date 01/12/1993 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 028. First use: First Use: 1990/06/25 First Use In Commerce: 1990/06/25 playset; namely, doll furniture, doll furniture accessories, and food making ac- cessories

U.S. Registration 1754535 Application Date 07/23/1990 No. Registration Date 02/23/1993 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1990/10/01 First Use In Commerce: 1990/10/01 dresses, shorts, T-shirts, blouses, skirts, pants, leggings, leggings with skirts at- tached

U.S. Registration 1773571 Application Date 03/25/1991 No. Registration Date 05/25/1993 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 014. First use: First Use: 1991/01/01 First Use In Commerce: 1991/01/01 jewelry; namely, earrings, bracelets, necklaces, charms

U.S. Registration 1775637 Application Date 03/25/1991 No. Registration Date 06/08/1993 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 003. First use: First Use: 1992/01/09 First Use In Commerce: 1992/01/09 cosmetics for use by little girls; namely, eyeshadow, lipstick, lip gloss, perfume, cologne, nail polish, blush, emery boards, and cosmetic sponges Class 021. First use: First Use: 1992/01/09 First Use In Commerce: 1992/01/09 powder puffs, and accessories therefor

U.S. Registration 1795876 Application Date 03/25/1991 No. Registration Date 09/28/1993 Foreign Priority NONE Date Word Mark BARBIE Design Mark

Description of NONE Mark Goods/Services Class 018. First use: First Use: 1991/04/01 First Use In Commerce: 1991/04/01 purses and cosmetic cases

U.S. Registration 1946918 Application Date 02/15/1995 No. Registration Date 01/09/1996 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 016. First use: First Use: 1995/02/01 First Use In Commerce: 1995/02/01 greeting cards

U.S. Registration 2040801 Application Date 06/11/1996 No. Registration Date 02/25/1997 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1990/04/00 First Use In Commerce: 1990/04/00

U.S. Registration 2087842 Application Date 10/09/1996 No. Registration Date 08/12/1997 Foreign Priority NONE Date Word Mark BARBIE Design Mark

Description of NONE Mark Goods/Services Class 028. First use: First Use: 1995/04/20 First Use In Commerce: 1995/04/20 doll, doll clothing and doll accessories

U.S. Registration 2150392 Application Date 11/12/1996 No. Registration Date 04/14/1998 Foreign Priority NONE Date Word Mark BARBIE Design Mark

Description of NONE Mark Goods/Services Class 035. First use: First Use: 1996/10/21 First Use In Commerce: 1996/10/21 online retail store services featuring toys Class 042. First use: First Use: 1996/10/21 First Use In Commerce: 1996/10/21 providing information about dolls and collectibles via computer

U.S. Registration 2151953 Application Date 11/12/1996 No. Registration Date 04/21/1998 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 1996/10/21 First Use In Commerce: 1996/10/21 on-line retail store services featuringtoys Class 042. First use: First Use: 1996/10/21 First Use In Commerce: 1996/10/21 providing information over a global comoputer network featuring games, stor- ies,directories for toys and games, toy collectibles [, and chat sessions ]

U.S. Registration 2495195 Application Date 03/16/1995 No. Registration Date 10/09/2001 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 1961/00/00 First Use In Commerce: 1961/00/00 [Prerecorded computer storytelling software ] [ ; prerecorded audio and video musical, storytelling and/or game recordings in cassette form; screensaver pro- grams; software featuring directories of toys, all for informational, educational and entertainment uses ] Class 028. First use: First Use: 1996/09/00 First Use In Commerce: 1996/09/00 [ Coin-operated arcade games, ] prerecorded computer game cartridges, [ cas- settes, ] [ cards, ] discs and programs for [ informational, educational and ] en- tertainment uses [; electronic hand-held games; computer game joysticks, ] [ ad- apters, connectors and controllers for use with prerecorded computer software, audioand video cassettes, CD-ROM, game cartridges, ] [ game cassettes, ] [game cardsand game discs, all for informational, educational and entertainment uses ] Class 041. First use: First Use: 1996/09/00 First Use In Commerce: 1996/09/00 Providing educational and entertainmentservices via a global computer network web site featuring stories, games, and directories for toys and games, intended for adults and children

U.S. Registration 2588845 Application Date 12/18/1998 No. Registration Date 07/02/2002 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 041. First use: First Use: 1998/11/00 First Use In Commerce: 1998/11/00 ENTERTAINMENT SERVICES, NAMELY, LIVE APPEARANCES BY A COS- TUMED CHARACTER

U.S. Registration 2639971 Application Date 07/09/1998 No. Registration Date 10/22/2002 Foreign Priority NONE Date Word Mark BARBIE Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2002/05/12 First Use In Commerce: 2002/05/12 [ after , anoraks, athletic uniforms, bandannas, jackets, sweat- shirts,sweat pants,] T-shirts [, jeans, skirts, Halloween costumes and masks; dresses, shorts, blouses, pants, leggings with skirt attached; shoes, bathing suits, bathrobes, beach cover-ups, belts, berets,boots, cardigans, coats, rain coats, gloves, night gowns, hats, head bands, headwear, , jumpers, , leotards, mittens, neckties, night shirts, overalls, pajamas, panties, panty- hose, , scarves, shirts, , slips, , , suspenders, sweaters, tank tops, thermal underwear, , turtlenecks, underwear, vests, caps, skorts, blanket sleepers, earmuffs, swimsuits, swimsuit cover ups] Class 028. First use: First Use: 2000/07/13 First Use In Commerce: 2000/07/13 dolls, doll clothing, doll accessories [, doll houses and doll furniture, boardgames, card games, role playing games, children's play cosmetics, swim masks, elbow, wrist and knee pads for athletic use, swim fins, hand held units for playing electronic games, swim goggles, jump ropes, inflatable pools, ride-on toys, ice skates, , inline skates, yo-yos, flying discs, balloons, plastic balls, beach balls, toys candydispensers, card games, cases for play accessories, toy vehicles, high bounce balls, kites, costume masks, jigsaw puzzles, remote controlled vehicles, three-dimensional puzzles, toy banks, plush toys, Christmas tree ornaments, water squirting toys, craft kits comprised of beads,toy jewelry making kits, swimming aids,namely, pool rings and arm floats for recreational use, toy snow globes, and toy toiletry sets ]

U.S. Registration 2678386 Application Date 10/08/1997 No. Registration Date 01/21/2003 Foreign Priority NONE Date Word Mark BARBIE Design Mark Description of NONE Mark Goods/Services Class 003. First use: First Use: 1998/06/00 First Use In Commerce: 1998/06/00 [TOILET SOAPS, BUBBLE BATHS, BATH BEADS, MOISTURIZING LOTIONS, COLOGNES, HAIR SHAMPOOS; COSMETICS FOR USE BY LITTLE GIRLS, NAMELY, EYE SHADOWS, LIPSTICKS, LIP GLOSSES, PERFUMES, CO- LOGNES, NAIL POLISHES, BLUSHES, EMERY BOARDS;] BATH GELS, [BABY POWDER,] BODY LOTIONS, HAIR CONDITIONERS, SKIN CREAMS, EYE MAKEUP, EYE PENCILS,[ HAND CREAMS,] MAKEUP,[ SKIN SOAPS,LIQUID SOAPS FOR HANDS, FACE AND BODY, SUN BLOCKS, EAU DE TOILETTE,] TOOTHPASTES, [COMPACTS CONTAINING MAKEUP, SCENTED BODY SPRAYS, SUN SCREENS, BODY GLITTERS,HAIR GELS] Class 006. First use: First Use: 1999/12/00 First Use In Commerce: 1999/12/00 METAL KEY RINGS [, METAL DECORATIVE BOXES, METAL PIGGY BANKS] Class 008. First use: First Use: 1995/03/00 First Use In Commerce: 1995/03/00 [SHOVELS, TABLEWARE NAMELY, KNIVES, FORKS AND SPOONS, SCIS- SORS] Class 009. First use: First Use: 2000/03/00 First Use In Commerce: 2000/03/00 [CALCULATORS, DISPOSABLE CAMERAS,] EYEGLASS CASES, RADIOS IN- CORPORATING CLOCKS,DECORATIVE MAGNETS, TELEPHONES, [ELECTRIC OUTLET COVERS,] HEADPHONES, HELMETS, [ELECTRIC SWITCH PLATES, RADIOS,SUNGLASSES, KALEIDOSCOPES;] MUSICAL, AUDIO AND VIDEO SOUND RECORDINGS FEATURINGGAMES AND STORYTELLING; [AUDIO AND VIDEO CASSETTES,] [CD-ROMS TAPES AND DISCS ALL FEATURING MUSIC, GAMES AND STORYTELLING;] [COMPUTER MOUSE, ]COMPUTER MOUSE PADS, SCREENSAVER PRO- GRAMS, [COMPUTER GAMEJOYSTICKS,] VIDEO GAME CARTRIDGES, IN- TERACTIVE VIDEO GAME PROGRAMS, INTERACTIVEMULTIMEDIA COM- PUTER GAME PROGRAMS, COMPUTER GAME CARTRIDGES; [PRERECORDED COMPUTER STORYTELLING SOFTWARE, COMPUTER SOFTWARE, COMPUTER PROGRAMS AND CD-ROMS ALL FEATURING ACTIVITIES, EDUCATIONAL INFORMATION, STORIES, GAMES, AND THE LIKE FOR CHILDREN AND YOUNG ADULTS, AND FOR CREATING GRAPH- IC DESIGNS FOR CREATING PRINTEDMATERIALS SUCH AS GREETINGS CARDS, BANNERS, CALENDARS, AND THE LIKE, AND FOR DESIGNING FASHION CLOTHING FOR DOLLS FOR USE BY NON-PROFESSIONALS, CD-ROMS FEATURING DIRECTORIES OF DOLLS AND TOY RELATED COL- LECTIBLES FOR COLLECTORS] Class 011. First use: First Use: 1998/12/00 First Use In Commerce: 1998/12/00 [ELECTRIC LIGHTING FIXTURES,][ HAND-HELD ELECTRIC HAIR DRYERS,] [ELECTRIC NIGHTLIGHTS,] [BICYCLE LIGHTS,] CEILING FANS[, LAMP SHADES, LAMPS] [, FLASHLIGHTS, BICYCLE REFLECTORS] Class 012. First use: First Use: 1999/12/00 First Use In Commerce: 1999/12/00 , BICYCLE BELLS, [, CHAIRS, AUTOMOBILE WINDSHIELD SUNSHADES] Class 014. First use: First Use: 2000/12/00 First Use In Commerce: 2000/12/00 CLOCKS, [ANKLE BRACELETS, BROOCHES, ] [EAR CLIPS, TIE CLIPS,] COSTUME JEWELRY,RINGS BEING JEWELRY, [PINS BEING JEWELRY,] EARRINGS, BRACELETS, NECKLACES AND CHARMS, LOCKETS, WATCHES [, JEWELRY MAKING BEAD KITS COMPRISED OF BEADS,] [NEEDLES, CLASPS AND CORDING] Class 016. First use: First Use: 1993/03/00 First Use In Commerce: 1993/03/00 PHOTOGRAPH ALBUMS,[ CARDBOARD PHOTOGRAPH BOXES, PAPER BOXES, DRAWER LINER PAPER,] NOTE CARDS, [AGENDA BOOKS; DAILY, DESK TOP AND PERSONAL PLANNERS;] PENCIL CASES, [ARTS AND CRAFTS PAINT KITS,] PAPER PARTY BAGS, [BOOK COVERS, BOOK ENDS, BOOK MARKS,] ADDRESS BOOKS, LOOSE LEAF BINDERS, [STATIONERY BOXES, PAINT BRUSHES,] CALENDARS, POST CARDS, [TRADING CARDS, TRIVIA CARDS, CHALK,] PAPER TABLE CLOTHS,COMPOSITION BOOKS, CONFETTI, [CRAFT PAPER,] CRAYONS, CREPE PAPER,[ DECALS,] PAPER PARTY DECORATIONS, [DESK SETS,] ERASERS, SERIES OF FICTION BOOKS, GIFT CARDS,GIFT WRAPPING PAPER, MARKERS, PAPER NAP- KINS, NOTE PADS, [PAINTING SETS,] PAPER PARTY HATS, PEN AND PEN- CIL HOLDERS, PENCIL SHARPENERS, DECORATIVE PENCIL TOP ORNA- MENTS, PENCILS, PENS, PLAYING CARDS, POSTERS, BOOKS IN THE FIELD OF COLLECTIBLES, NAMELY, DOLLS, DOLL CLOTHING AND DOL- LACCESSORIES, DRAWING RULERS, RUBBER STAMPS, STAMP PADS,[ STATIONERY,] STICKERS,STICKER BOOKS, FOLDERS, LUNCH BAGS, PA- PER GIFT BAGS, [PLASTIC PLACE MATS,] PRINTED INVITATIONS, PER- SONAL JOURNALS,[ TALKING CHILDREN'S BOOKS,] TEMPORARY TAT- TOOS, [TRADING CARD MILK BOTTLE CAPS,] WRITING INSTRUMENTS,[ BOOKS OF GAMES,] PAPERBANNERS, [COASTERS MADE OF PAPER,] MEMOPADS, [GREETING CARDS, FACIAL TISSUES AND STICKERS FOR FINGERNAILS; AUTOGRAPH BOOKS, DIARIES, NOTEBOOKS, AND SCRAP- BOOKS, COLORING BOOKS, ACTIVITY BOOKS,] MAGAZINES FOR TEEN- AGERS AND CHILDREN Class 018. First use: First Use: 2000/12/00 First Use In Commerce: 2000/12/00 BACKPACKS, BEACH BAGS, GYM BAGS, OVERNIGHT BAGS, COIN PURSES, DUFFEL BAGS, HANDBAGS, KEY CASES, LUGGAGE, SUIT- CASES, UMBRELLAS, [FANNY PACKS, WAIST PACKS,] LIPSTICK HOLD- ERS; [PURSES, COSMETIC CASES SOLD EMPTY,] LUGGAGE TRUNKS, WALLETS [, HAT BOXES] [, TRAIN CASES] Class 020. First use: First Use: 2000/08/00 First Use In Commerce: 2000/08/00 SLEEPING BAGS, PLASTIC CAKE DECORATIONS,[ TOY CHESTS,] [BED FRAMES,] PICTURE FRAMES,[ DECORATIVE GLITTER,] JEWELRY BOXES NOT OF METAL, [DECORATIVE MOBILES,] PILLOWS,[ DESKS, BEDROOM FURNITURE, SNOW GLOBES,] NON-METAL KEY RINGS [, HAND MIRRORS] Class 021. First use: First Use: 1995/06/00 First Use In Commerce: 1995/06/00 PLATES, CUPS AND BOWLS MADE OF MELAMINE,[ NON-METAL PIGGY BANKS, ]WASTEPAPER BASKETS, BOWLS, LUNCH BOXES, [COSMETIC BRUSHES, SUN CATCHERS, COOKIE CUTTERS,] PAPER CUPS, DECOR- ATIVE PLATES, PORCELAIN FIGURINES, PAPER PLATES, PLASTIC CUPS, [COMMEMORATIVE PLATES,] [VACUUM BOTTLES, VASES,] [WIND CHIMES,] [COOKIE JARS,] THERMAL INSULATED TOTE BAGS AND CON- TAINERS FOR FOOD OR BEVERAGES, TOOTHBRUSHES, CAKEMOLDS, [TOOTHBRUSH HOLDERS, ][WATERING CANS,] [BASINS, PAILS, COAST- ERS NOT OF PAPER AND NOT BEING OF TABLE LINEN, SOAP DISHES, SOAP DISPENSERS,] DRINKING GLASSES, MUGS, [TEA SETS FEATURING PLATES, SAUCERS, CUPS, POTS AND PITCHERS; VANITY SETS AND DRESSES SETS, COMPRISING MIRRORS, BRUSHES, COMBS, EMPTY COMPACTS AND LIPSTICK CASES FOR USE BY CHILDREN, SOLD ASA UNIT; POWDER PUFFS; COSMETIC SPONGES FOR USE IN APPLYING OR REMOVING MAKEUP; HAIR BRUSHES, HAIR COMBS, NAIL BRUSHES, NON-METAL DECORATIVE BOXES, FITTED PICNIC BASKETS] Class 024. First use: First Use: 1998/03/00 First Use In Commerce: 1998/03/00 [CLOTH BANNERS, FABRIC BATH MATS,] BATHLINEN, BED LINEN, BED SHEETS, BED SPREADS, BED BLANKETS,[ BED CANOPIES,] PILLOW- CASES,[ CLOTH FLAGS,] WASH CLOTHS,[ TABLE CLOTHS NOT OF PA- PER,] COMFORTERS, [DUVET COVERS, CRIB BUMPERS, CRIB SHEETS,] CURTAINS,[ DRAPERIES,] DUST RUFFLES, PILLOW SHAMS, [TEXTILE AND LINEN PLACE MATS, QUILTS,] BATH TOWELS, BEACH TOWELS,[ KITCHEN TOWELS, TEXTILE WALL HANGINGS, SHOWER CURTAINS, SWAGS, FAB- RIC VALANCES] Class 025. First use: First Use: 1988/06/00 First Use In Commerce: 1988/06/00 BATHING SUITS, BATHROBES, BEACH COVER-UPS, BELTS, [BERETS, ] BOOTS, CARDIGANS, COATS, RAIN COATS, GLOVES, NIGHT GOWNS, HATS, HEAD BANDS, HEADWEAR, [HOSIERY,] [JUMPERS,] [KNEE HIGHS,] LEOTARDS, MITTENS, [NECKTIES,] NIGHT SHIRTS, OVERALLS, PAJAMAS, PANTIES, [, ] SANDALS, SCARVES, SHIRTS, SLIPPERS, [SLIPS,] SOCKS, [STOCKINGS,] [ SUSPENDERS,] SWEATERS,TANK TOPS, THERMAL UNDERWEAR, TIGHTS, TURTLENECKS, UNDERWEAR, VESTS, CAPS, SKORTS, [BLANKET SLEEPERS,] MITTEN CLIPS, EARMUFFS, SWIMSUITS, SWIMSUIT COVERS,[ JACKETS, SWEATSHIRTS, T-SHIRTS, JEANS, SKIRTS;] HALLOWEEN COSTUMES AND MASKS; DRESSES, SHORTS, T-SHIRTS, BLOUSES, SKIRTS,[ PANTS, LEGGINGS WITH SKIRT ATTACHED; SHOES] Class 026. First use: First Use: 2000/12/00 First Use In Commerce: 2000/12/00 BARRETTES, HAIR BOWS, [BOWS FOR GIFT WRAPPING, TEA COSIES, HOUSEHOLD APPLIANCE COVERS,] ELASTIC RIBBONS, [FABRIC AP- PLIQUES,] PONYTAIL HOLDERS, LACES, ORNAMENTAL NOVELTY PINS AND BUTTONS, [HAIR BANDS AND HAIR RIBBONS] Class 027. First use: First Use: 1998/06/00 First Use In Commerce: 1998/06/00 RUGS [, DOOR MATS, FLOOR MATS FOR VEHICLES,] PLASTIC WALL COV- ERINGS [, VINYL WALL COVERINGS, BATH MATS AND WALL PAPER] Class 028. First use: First Use: 1998/12/00 First Use In Commerce: 1998/12/00 ACTION FIGURES AND ACCESSORIES THEREFOR, STUFFED TOY ANIM- ALS, TOY AIRPLANES, BALLOONS, TOY BAKEWARE AND COOKWARE, SPORTBALLS, TOY BANKS, BATH TOYS, [BEAN BAGS, TOY BUILDING BLOCKS,] PLAY WANDS, MUSIC BOX TOYS, BUBBLE MAKING WAND AND SOLUTION SETS, CARD GAMES, CHRISTMAS TREE ORNAMENTS,[ CHRISTMAS TREE SKIRTS,] CHILDREN'S PLAY COSMETICS, PARTY FA- VORS IN THE NATURE OF CRACKERS OR NOISEMAKERS, [TOY MOBILES, FLYING DISCS,] PORCELAIN DOLLS,PAPER DOLLS, PARTY FAVORS IN THE NATUREOF SMALL TOYS, ICE SKATES, JIGSAW PUZZLES, JUMP ROPES,[ KITES,] MUSICAL TOYS, PLAY SWIMMING POOLS, PLUSH TOYS, [PUPPETS,] RIDE-ON TOYS, MANIPULATIVE PUZZLES, ROLLER SKATES, WATER-SQUIRTING TOYS, YO-YOS, [FOOTBAGS USED IN A KICKING GAME, ADULT AND CHILDREN PARTY GAMES, CHRISTMAS STOCKINGS,] COLLECTIBLE TOY FIGURES, DOLL HOUSES, DRAWING TOYS, IN-LINE SKATES, PLAY TENTS, PLAY HOUSES, RADIO CONTROLLED TOY VEHICLES, [SAND TOYS, SAND BOX TOYS,] TALKING TOYS; [ PUZZLES, PADDLEBALL GAMES;] SWIM GOGGLES, SWIM VESTS FOR FLOATATION FOR RECREATIONAL USE, DOLLS; PLAYSETS, NAMELY, DOLL FURNITURE, DOLL FURNITURE ACCESSORIES, TOY FOOD MAKINGACCESSORIES, NAMELY, BOWLS, SPOONS, BLENDERS, OVENS, MIXERS AND THE LIKE; DOLL CLOTHES AND DOLL ACCESSORIES; BOARD GAMES; ACCESSORIES FOR DOLL CLOTHES, TOY FURNITURE, SPECIFICALLY BEDS, WARDROBES, [CHIFFOROBES,] VANITIES AND CHESTS; DOLL CASES; TOY VEHICLES; [OUTDOOR PLAY EQUIPMENT, NAMELY, PLAY SLIDES AND SWINGS, SAND SANDBOXES;] [COIN-OPERATED ARCADE GAMES,] ELECTRONIC HAND-HELD GAMES [, PLASTIC TOY HOOPS, PINWHEELS] Class 030. First use: First Use: 1995/12/00 First Use In Commerce: 1995/12/00 EDIBLE CAKE DECORATIONS, CANDY, [BREAKFAST CEREALS,] [CHEWING GUM, ]COOKIES, [MACARONI AND CHEESE, BAKERY GOODS,] CHOCOLATE CANDY

U.S. Registration 3083593 Application Date 03/12/2004 No. Registration Date 04/18/2006 Foreign Priority NONE Date Word Mark BARBIE COLLECTOR Design Mark

Description of NONE Mark Goods/Services Class 028. First use: First Use: 2004/07/00 First Use In Commerce: 2004/07/00 TOYS, GAMES AND PLAYTHINGS, NAMELY, DOLLS, DOLL CLOTHING AND DOLL ACCESSORIES, [ MOLDED PLASTIC TOY FIGURINES, WATER GLOBES, ARTIFICIAL CHRISTMAS TREES, CHRISTAMAS TREE ORNA- MENTS ] Class 041. First use: First Use: 2004/05/17 First Use In Commerce: 2004/05/17 PROVIDING EDUCATIONAL AND ENTERTAINMENTSERVICES VIA A GLOB- AL COMPUTER NETWORK WEB SITE FEATURING [ GAMES, PRODUCT TRIVIA, ACTIVITIES AND ] PRODUCT INFORMATIONINTENDED FOR CON- SUMERS OF ALL AGES

U.S. Registration 4339722 Application Date 02/23/2012 No. Registration Date 05/21/2013 Foreign Priority NONE Date Word Mark BARBIE LIFE IN THE DREAMHOUSE Design Mark

Description of NONE Mark Goods/Services Class 041. First use: First Use: 2013/02/11 First Use In Commerce: 2013/02/11 ENTERTAINMENT SERVICES, NAMELY, PROVIDING ON-GOING WEBISODES FEATURING ANIMATION VIA A GLOBAL COMPUTER NET- WORK

U.S. Registration 4572684 Application Date 01/07/2011 No. Registration Date 07/22/2014 Foreign Priority NONE Date Word Mark BARBIE Design Mark

Description of NONE Mark Goods/Services Class 043. First use: First Use: 2014/02/14 First Use In Commerce: 2014/02/14 RESTAURANT SERVICES, CAFE SERVICES

U.S. Registration 4626002 Application Date 08/15/2013 No. Registration Date 10/21/2014 Foreign Priority NONE Date Word Mark BARBIE STYLE Design Mark

Description of NONE Mark Goods/Services Class 028. First use: First Use: 2014/08/11 First Use In Commerce: 2014/08/11 DOLLS, DOLL CLOTHING AND DOLL ACCESSORIES

U.S. Registration 4683609 Application Date 12/03/2013 No. Registration Date 02/10/2015 Foreign Priority NONE Date Word Mark BARBIE LIFE Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2014/03/10 First Use In Commerce: 2014/03/10 COMPUTER APPLICATION SOFTWARE FOR MOBILE PHONES AND MO- BILE DEVICES, NAMELY, SOFTWARE USED TO ACCESS WEBSITE CON- TENT, NON-DOWNLOADABLE MOVIES AND VIDEOS, NON- DOWNLOADABLE MUSIC, COMPUTER GAMES AND DIGITAL WALLPAPER

U.S. Registration 4728445 Application Date 09/03/2013 No. Registration Date 04/28/2015 Foreign Priority NONE Date Word Mark HOUSE OF DREAMS BY BARBIE Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2015/02/16 First Use In Commerce: 2015/02/16 LINGERIE AND SLEEPWEAR

U.S. Registration 5346799 Application Date 10/15/2015 No. Registration Date 11/28/2017 Foreign Priority NONE Date Word Mark BARBIE DREAMTOPIA Design Mark

Description of NONE Mark Goods/Services Class 041. First use: First Use: 2016/04/28 First Use In Commerce: 2016/04/28 Entertainment, namely, animated series featuring stories for children

U.S. Registration 5441651 Application Date 03/21/2017 No. Registration Date 04/10/2018 Foreign Priority NONE Date Word Mark BARBIE LIVE! IN THE DREAMHOUSE Design Mark

Description of NONE Mark Goods/Services Class 041. First use: First Use: 2017/09/20 First Use In Commerce: 2017/09/20 ENTERTAINMENT SERVICES, NAMELY, PROVIDING ONLINE WEBISODES AND NON-DOWNLOADABLEVIDEOS FEATURING CHILDREN'S ENTER- TAINMENT

U.S. Registration 5602186 Application Date 03/21/2017 No. Registration Date 11/06/2018 Foreign Priority NONE Date Word Mark BARBIE DREAMHOUSE ADVENTURES Design Mark

Description of NONE Mark Goods/Services Class 041. First use: First Use: 2018/06/11 First Use In Commerce: 2018/06/11 ENTERTAINMENT SERVICES, NAMELY, PROVIDING NON- DOWNLOADABLE VIDEOS FEATURING CHILDREN'S ENTERTAINMENT; PROVIDING AN ONLINE COMPUTER GAME

Attachments 74080723#TMSN.png( bytes ) 74150902#TMSN.png( bytes ) 75179870#TMSN.png( bytes ) 75196987#TMSN.png( bytes ) 75516465#TMSN.png( bytes ) 78383441#TMSN.png( bytes ) 85550966#TMSN.png( bytes ) 85212683#TMSN.png( bytes ) 86038665#TMSN.png( bytes ) 86134189#TMSN.png( bytes ) 86054026#TMSN.png( bytes ) 86789616#TMSN.png( bytes ) 87379269#TMSN.png( bytes ) 87379265#TMSN.png( bytes ) Barbiecue Notice of Opposition.pdf(59047 bytes )

Signature /Brian Wassom/ Name Brian Wassom Date 09/13/2019 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

MATTEL, INC.

Opposer, Opposition No.:

Mark:

v. Serial No. 88360742 24SIX, LLC,

Respondent. ______/

NOTICE OF OPPOSITION

Opposer Mattel, Inc. (“Opposer”), by its attorneys Warner Norcross + Judd LLP, for its

Notice of Opposition against Respondent 24Six, LLC (“Applicant”), alleges as follows:

Parties

1. Opposer is a Delaware corporation with an address at 333 Continental Boulevard,

El Segundo, CA 90245.

2. Applicant is a Florida limited liability company with an address at 7024 Owl Road,

Weeki Wachee, Florida 34613.

3. Opposer believes that it will be damaged by registration of the mark BARBIECUE

IT’S SMOKIN’ HOT & Design (“Applicant’s Mark”). Therefore, pursuant to Lanham Act §13(a),

15 U.S.C. § 1063(a), Opposer has standing to oppose Applicant’s Application No. 88360742 (the

“Application”).

1 Opposer and Its World-Famous BARBIE® Trademarks

4. Opposer is an American company founded in 1945, and a world leader in the design, manufacture and marketing of toys, games, playthings and family products. It has a presence in over 35 countries and territories and sells products in more than 100 nations.

5. BARBIE® is one of the most popular and valuable brands in the children’s entertainment industry. Mattel’s “BARBIE” trademark became famous as early as 1959, and over the ensuing six decades has used dozens of variations of the BARBIE® mark on several thousand different BARBIE®-branded goods and services, selling more than two billion BARBIE® dolls and BARBIE®-branded accessories.

6. On the strength of this strong consumer recognition, the BARBIE® brand also long ago expanded beyond toys and into various other accessories and products.

7. In addition to other BARBIE® registrations and its extensive common law rights,

Mattel is the owner of numerous U.S. Registrations for BARBIE® and BARBIE-formative marks, including but not limited to:

U.S. Reg. Mark Excerpt of Goods No. 0689055 BARBIE “Doll,” in International Class 28. 0741208 BARBIE “Accessories for doll clothes,” in International Class 28. 0768331 BARBIE “Doll case, trunk and wallet,” in International Class 18. 0768397 BARBIE “Doll clothes and doll accessories,” in International Class 28. 0772298 BARBIE “Time pieces, specifically wrist watches,” in International Class 14. 0810106 BARBIE “Toy furniture specifically bed, wardrobe, chifforobe, vanity, and chest,” in International Class 28. 0813733 BARBIE “Insulating containers, specifically, vacuum bottles for preserving food and drinks,” in International Class 20. 0817200 BARBIE “Plastic ware and tea sets, specifically plates, saucers, cups, pots, pitchers, [ and eating utensils ] for use by children in the consumption of food and drink,” in International Class 6.

2 1000125 BARBIE “Halloween costumes and masks,” in International Class 25. 1300766 BARBIE “Toy vehicles,” in International Class 28. 1693139 BARBIE “Jackets, sweatshirts, T-shirts, jeans, skirts,” in International Class 25. 1746477 BARBIE “Playset; namely, doll furniture, doll furniture accessories, and food making accessories,” in International Class 28. 1754535 BARBIE “Dresses, shorts, T-shirts, blouses, skirts, pants, leggings, leggings with skirts attached,” in International Class 25. 1773571 BARBIE “Jewelry, namely, earrings, bracelets, necklaces, and charms,” in International Class 14. 1775637 BARBIE “Cosmetics for use by little girls, namely, eye shadow, lipstick, lip gloss, perfume, cologne, nail polish, blush, emery boards, and cosmetic sponges,” in International Class 3. 1795876 BARBIE “Purses and cosmetic cases,” in International Class 18. 1946918 BARBIE “Greeting cards,” in International Class 16. 2040801 BARBIE “Shoes,” in International Class 25. 2087842 BARBIE (Stylized) “Doll, doll clothing and doll accessories,” in International Class 28. 2150392 BARBIE (Stylized) “Online retail store services featuring toys,” in International Class 35; and “Providing information about dolls and collectibles via computer,” in International Class 42. 2151953 BARBIE “On-line retail store services featuring toys,” in International Class 35; and “Providing information over a global computer network featuring games, stories, directories for toys and games, toy collectibles,” in International Class 42. 2495195 BARBIE “Prerecorded computer game cartridges, discs and programs for entertainment uses,” in International Class 28; and “Providing educational and entertainment services via a global computer network web site featuring stories, games, and directories for toys and games, intended for adults and children,” in International Class 41. 2588845 BARBIE “Entertainment services, namely, live appearances by a costumed character,” in International Class 41. 2639971 BARBIE (Stylized) “T-shirts,” in International Class 25; and “Dolls, doll clothing, doll accessories,” in International Class 28. 2678386 BARBIE Various goods in classes 3, 6, 9, 11, 12, 14, 16, 18, 20, 21 (including “thermal insulated tote bags and containers for food or beverages”), 24, 25, 26, 27, 28 (including “toy food making accessories, namely,

3 bowls, spoons, blenders, ovens, mixers and the like, and 30. 3083593 BARBIE “Toys, games and playthings, namely, dolls, doll COLLECTOR clothing and doll accessories,” in International Class 28; and “Providing educational and entertainment services via a global computer network web site featuring product information intended for consumers of all ages,” in International Class 41. 4339722 BARBIE LIFE IN “Entertainment services, namely, providing ongoing THE webisodes featuring animation via a global computer DREAMHOUSE network,” in International Class 41. 4572684 BARBIE “Restaurant services, café services,” in International Class 43. 4626002 BARBIE STYLE “Dolls, doll clothing and doll accessories,” in International Class 28. 4683609 BARBIE LIFE “Computer application software for mobile phones and mobile devices, namely, software used to access website content, non-downloadable movies and videos, non-downloadable music, computer games and digital wallpaper,” in International Class 9. 4728445 HOUSE OF “Lingerie and sleepwear,” in International Class 25. DREAMS BY BARBIE 5346799 BARBIE “Entertainment, namely, animated series featuring DREAMTOPIA stories for children,” in International Class 41 5441651 BARBIE LIVE! IN “Entertainment services, namely, providing online THE webisodes and non-downloadable videos featuring DREAMHOUSE children’s entertainment,” in International Class 41. 5602186 BARBIE “Entertainment services, namely, providing non- DREAMHOUSE downloadable videos featuring children’s ADVENTURES entertainment; providing an online computer game,” in International Class 41.

Several of these registrations are incontestable. Opposer has used one or more of the marks shown in the registrations above in interstate commerce in the United States consistently since at least 1959. Collectively, all of the foregoing registrations and related common law rights will be referred to herein as “Opposer’s Marks,” and the goods and services provided in connection therewith are “Opposer’s Goods and Services.”

8. Opposer’s Goods and Services provided under Opposer’s Marks have been extensively and continuously sold, marketed, advertised, and promoted throughout the United

4 States. As a result of the quality of Opposer’s Goods and Services and the widespread promotion thereof under Opposer’s Marks, the goods and services have met with great commercial success and widespread consumer and media recognition. In addition, Opposer’s Marks have become symbols of Opposer and its related companies. Opposer’s Goods and Services, and Opposer’s goodwill, had come to be associated with Opposer prior to any use in commerce by Applicant.

9. Opposer’s BARBIE® Mark is one of the most recognizable brands in the world.

Opposer’s BARBIE® Mark is famous and was famous prior to any use or filing by Applicant.

For example, in 1991, the U.S. Court of Appeals for the Second Circuit recognized that “the

‘Barbie’ doll is the best selling toy doll in the world—96 percent of three to eleven year old girls in the United States own at least one. In the past 30 years 600 million Barbie dolls have been sold—one is sold every two seconds—and, in 1990 alone 26 million of them were sold, earning gross revenues for Mattel of $740 million.” Miss America Organization v. Mattel, Inc., 945 F. 2d

536, 537 (2d Cir. 1991). And in 1998, now-Justice Sonia Sotomayor “conclude[d] that—by any measure—... the world-known BARBIE is a ‘famous’ trademark under the Federal Anti-Dilution

Act.” Mattel, Inc. v. Jcom, Inc., 1998 U.S. Dist. LEXIS 16195 *9; 48 U.S.P.Q.2D (BNA) 1467;

1998 WL 766711 (S.D.N.Y. Sep. 10, 1998) (awarding injunction, damages, and legal fees for dilution against unauthorized user of BARBIE PLAYHOUSE mark for adult entertainment services).

10. In 1998, the BARBIE® doll was inducted into the National Toy Hall of Fame. Her entry in its website notes that, over the decades since her introduction in 1959, BARBIE® dolls have been sold representing various ethnicities and more than 75 different professions,1 a number that has since risen to more than 200.

1 See < https://www.toyhalloffame.org/toys/barbie> (visited July 3, 2019).

5 Applicant and Its Multiple Efforts to Register BARBIECUE-Formative Marks

11. On December 29, 2015, Applicant filed Application No. 86859983 to register the

word mark BARBIECUE for use with services described as “Catering; Providing of food and drink

via a mobile truck; Restaurant services” in International Class 43 (the “Prior Application.”)

12. The specimen provided with the Prior Application used the same design mark that

Applicant seeks to register in the pending Application.

13. On April 23, 2016, an Examining Attorney issued an Office Action refusing the

Prior Application. Among the multiple grounds cited for the refusal was a likelihood of confusion

under Section 2(d) with Opposer’s above-listed Registration No. 4572684 of the mark BARBIE®

for use with “Restaurant services, café services,” in International Class 43.

14. On December 9, 2016, the Office issued a Notice of Abandonment as to the Prior

Application, because Applicant failed to respond to the Office Action. Applicant took no action to

maintain or revive the Prior Application.

15. On March 28, 2019, Applicant filed its current Application, which seeks to register

Applicant’s Mark for use with goods described as “Barbecue dry rub; Barbecue sauce; Sauces;

Spice rubs” in International Class 30, and with services described as “Catering services; Providing of food and drink via a mobile truck” in International Class 43 (collectively, “Applicant’s Goods and

Services”).

16. Applicant alleges first use anywhere, and first use in commerce, as of March 28,

2019.

17. Applicant is not in privity to, nor the successor-in-interest of, any party that may

have used Applicant’s Mark in commerce in the past.

6 Likelihood of Confusion, 15 U.S.C. §1052(d)

18. Opposer incorporates herein by reference each of the foregoing paragraphs.

19. Opposer has priority based on its valid and subsisting registrations for Opposer’s

Marks and based on its prior and continuous use of Opposer’s Marks in commerce in connection with Opposer’s Goods and Services long before the filing date of the opposed Application and before any use in commerce alleged by Applicant.

20. Applicant’s Mark is highly similar to Opposer’s Marks in appearance, sound, and commercial impression. “BARBIE” is the dominant portion of Applicant’s Mark, for several reasons. It is the first portion of the first word in the mark. The invented word “BARBIECUE”— which, in practice, Applicant often uses standing alone—merely modifies the generic term

“barbecue” by replacing “barbe-“ with “BARBIE-,” which necessarily emphasizes the

“BARBIE” portion of the word. The remainder of Applicant’s design mark is clearly secondary adornment to the dominant “Barbiecue” portion of the mark. Therefore, the dominant portions of the two parties’ marks are identical in appearance, pronunciation, and commercial impression.

The parties’ marks would be virtually indistinguishable to the average American consumer viewing or hearing the marks in the normal course.

21. Indeed, the record amply demonstrates Applicant’s subjective intention to capitalize on the goodwill inherent in Opposer’s Marks. As one example, Applicant was already informed that its mark was likely to cause confusion with Opposer’s Marks when its Prior

Application was rejected in 2016. Yet it continued to invest in a business using that mark anyway.

As another example, in practice, Applicant frequently uses the “Barbie” persona with respect to advertising Applicant’s business, in social media and otherwise.

7 22. Opposer’s Marks are or have been used in virtually all mainstream channels of trade, and marketed generally across virtually all demographic lines—not only to children, but also to the family members who purchase gifts for children and to adults nostalgic for the goods and services bearing Opposer’s Marks. Members of each of these groups are likely to be among those who may purchase or see advertisements for Applicant’s Goods and Services, and

Applicant’s Application does not place any limits on the consumers to whom Applicant’s Goods and Services are marketed or provided.

23. Applicant’s Goods and Services, customers, and marketing channels so closely overlap with Opposer’s Goods and Services as to be highly likely to cause confusion or mistake, or to deceive consumers under Section 2(d) of the Lanham Act, as amended, 15 U.S.C. §1052(d).

Dilution, 15 U.S.C. §1125(c)

24. Opposer incorporates herein by reference each of the foregoing paragraphs.

25. Opposer and its related companies have engaged in nationwide advertising, promotion, and use of its distinctive Opposer’s Marks, and specifically of the BARBIE® Mark, for more than 50 years. Further, Opposer, directly and through its related companies, has had extensive sales of Opposer’s Goods and Services in connection with its BARBIE® Mark over several decades.

26. Opposer’s BARBIE® Mark has for many years received extensive media attention and publicity nationwide. Such pervasive and frequent media attention and publicity has had a substantial impact on the public, and has long created an association in the minds of consumers between the BARBIE® Mark and Opposer and Opposer’s related companies.

8 27. BARBIE® is a strong and distinctive mark that became famous, as defined under

Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c), well before the filing date of the opposed

Application.

28. Applicant’s Mark is identical to, or a spurious imitation of, Opposer’s Mark.

29. Applicant has intentionally chosen Applicant’s Mark in order to create an association in the minds of those in the marketplace between the BARBIE® Mark and Applicant and Applicant’s Services.

30. In view of the similarities of the parties’ marks and the fame of Opposer’s

BARBIE® Mark, Applicant’s Mark so closely resembles Opposer’s famous BARBIE® Mark that it is likely to cause dilution by blurring the distinctive quality of the BARBIE® Mark.

31. In addition, Applicant’s Mark, if registered for or used on or in connection with

Applicant’s Services, is likely to cause dilution by tarnishing the distinctive quality, reputation, and goodwill of Opposer’s famous BARBIE® Mark. In particular, Applicant has repeatedly employed double entrendre and suggestive language in connection with both Applicant’s Mark and with Applicant’s Goods and Services. As only one example, Applicant’s Mark itself features a woman in a suggestive pose and dress, wearing devil horns and holding a pitchfork, which is inconsistent with the wholesome image for children with which Opposer associates Opposer’s

Marks. See also Mattel, Inc. v. Jcom, Inc., 1998 U.S. Dist. LEXIS 16195 *9; 48 U.S.P.Q.2D

(BNA) 1467; 1998 WL 766711 (S.D.N.Y. Sep. 10, 1998) (awarding injunction, damages, and legal fees for dilution against unauthorized user of BARBIE PLAYHOUSE mark for adult entertainment services).

9 WHEREFORE, Opposer prays that Application Serial No. 88360742 be refused registration, that no registration be issued thereon to Applicant and that this opposition be sustained in favor of Opposer.

A filing fee for the Notice of Opposition in the amount of $800 is being submitted herewith via electronic funds transfer.

Respectfully submitted,

Date: September 13, 2019 By: /Brian D. Wassom/ Brian D. Wassom Warner Norcross + Judd LLP 45000 River Ridge Dr., Ste. 300 Clinton Township, MI 48038 248.784.5039 [email protected]

CERTIFICATE OF TRANSMITTAL

I hereby certify that on September 13, 2019, this correspondence is being electronically transmitted in PDF format to the Trademark Trial and Appeal Board through the Electronic System for Trademark Trials and Appeals (ESTTA).

/Kimberly Bankeroff/

10